PART I
PROTECTED PERSONS IN GENERAL

Sec. 45a-597. (Formerly Sec. 45-60a). Payment by guardian or conservator of
administration expenses of deceased protected person. (a) Upon the death of a minor
with respect to whose estate a guardian has been duly appointed by a court of probate,
has qualified and is acting as such, and upon the death of a person with respect to whose
estate a conservator has been duly appointed, has qualified and is acting as such, if (1)
the estate consists entirely of personalty and (2) the estate remaining in the hands of the
guardian or conservator at the time of the death of the protected person is not more than
sufficient to pay expenses incurred during the lifetime of the protected person and not
paid as of the date of death, administration expenses necessary to the settlement of
the fiduciary's final account and the funeral expenses, including the cost of a suitable
monument and cemetery plot, then such guardian or conservator may pay such expenses
and take credit therefor on his final account. The payments shall be subject to the limitations set forth in sections 17b-95 and 17b-300.

(b) If the estate is less than sufficient to pay all such expenses in full, the provisions
of section 45a-365 as to order of payment shall govern.

PART V
GUARDIANS OF PERSONS WITH INTELLECTUAL DISABILITY

Sec. 45a-670. (Formerly Sec. 45-322). Application for guardianship. (a) An
application for guardianship may be filed by the court on its own motion or by any adult
person. The application and all records of Probate Court proceedings held as a result of
the filing of such application, except for the name of any guardian of the respondent,
shall be sealed and shall be made available only to the respondent or the respondent's
counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with notice to the
respondent or the respondent's counsel or guardian, and to the commissioner or the
commissioner's designee, determines that such application and records should be disclosed for cause shown. An application filed by the court on its own motion shall contain
a statement of the facts on which the court bases its motion, and such statement of facts
shall be included in any notice to the respondent. Any other application filed shall allege
that a respondent, by reason of the severity of the respondent's intellectual disability,
is unable to meet essential requirements for the respondent's physical health and safety
and unable to make informed decisions about matters relating to the respondent's care.
Such application shall be filed in the court of probate in the district in which the respondent resides or is domiciled. Such application shall state: (1) Whether there is, in any
jurisdiction, a guardian, limited guardian, or conservator for the respondent; (2) the
extent of the respondent's inability to meet essential requirements for the respondent's
physical health or safety, and the extent of the respondent's inability to make informed
decisions about matters related to the respondent's care; (3) any other facts upon which
guardianship is sought; and (4) in the case of a limited guardianship, the specific areas
of protection and assistance required for the respondent.

(b) An application for guardianship may be filed by the parent or guardian of a
minor child up to one hundred eighty days prior to the date such child attains the age
of eighteen if the parent or guardian anticipates that such minor child will require a
guardian upon attaining the age of eighteen. The court may grant such application in
accordance with this section, provided such order shall take effect no earlier than the
date the child attains the age of eighteen.

History: P.A. 86-323 added provision permitting court to file an application for guardianship on its own motion, and
requiring such motion to contain statement of facts on which court bases its motion, substituted "unable to meet essential
requirements for his physical health and safety" for "incapable of caring for himself" and added requirement that application
of guardianship shall contain "any other facts upon which guardianship is sought"; Sec. 45-322 transferred to Sec. 45a-670 in 1991; P.A. 00-22 made technical changes and added provisions re disclosure of the application and records of
Probate Court proceedings; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" was changed editorially by the
Revisors to "Commissioner of Developmental Services", effective October 1, 2007; P.A. 11-129 designated existing
provisions as Subsec. (a) and amended same to substitute "intellectual disability" for "mental retardation", and added
Subsec. (b) re application for guardianship by parent or guardian up to 180 days prior to child's attaining age eighteen.

Sec. 45a-674. (Formerly Sec. 45-326). Hearing for appointment of guardian.
Evidence. Report by assessment team. Cross-examination of witnesses. Payment
of fees for assessment team. At any hearing for appointment of a plenary guardian or
limited guardian of the person with intellectual disability, the court shall receive evidence as to the condition of the respondent, including a written report or testimony by
a Department of Developmental Services assessment team appointed by the Commissioner of Developmental Services or his designee, no member of which is related by
blood, marriage or adoption to either the applicant or the respondent and each member
of which has personally observed or examined the respondent within forty-five days
next preceding such hearing. The assessment team shall be comprised of at least two
representatives from among appropriate disciplines having expertise in the evaluation
of persons alleged to have intellectual disability. The assessment team members shall
make their report on a form provided for that purpose by the Office of the Probate
Court Administrator and shall answer questions on such form as fully and completely
as possible. The report shall contain specific information regarding the severity of the
intellectual disability of the respondent and those specific areas, if any, in which he
needs the supervision and protection of a guardian, and shall state upon the form the
reasons for such opinions. The applicant, respondent or his counsel shall have the right
to present evidence and cross-examine witnesses who testify at any hearing on the application. If such respondent or his counsel notifies the court not less than three days before
the hearing that he wishes to cross-examine the witnesses, the court shall order such
witnesses to appear. The fees for such assessment team shall be paid from funds appropriated to the Department of Developmental Services.

History: P.A. 86-323 substituted "plenary guardian" for "guardian of the mentally retarded person", substituted an
examination by department of mental retardation assessment team in lieu of physician and psychologist, and required
examination within 45 days of hearing, and replaced previous provisions re payment of fees by petitioner or mental
retardation department if petitioner is indigent with new provision; Sec. 45-326 transferred to Sec. 45a-674 in 1991;
(Revisor's note: In 1997 a reference to "Commissioner of the Department of Mental Retardation" was replaced editorially
by the Revisors with "Commissioner of Mental Retardation" for consistency with customary statutory usage); P.A. 03-51
substituted "person with mental retardation" for "mentally retarded person"; P.A. 04-211 changed from three to two the
minimum number of assessment team members; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" and
"Department of Mental Retardation" were changed editorially by the Revisors to "Commissioner of Developmental Services" and "Department of Developmental Services", effective October 1, 2007; P.A. 11-129 substituted "intellectual
disability" for "mental retardation" and "have intellectual disability" for "be mentally retarded".

Sec. 45a-676. (Formerly Sec. 45-328). Appointment of plenary guardian or
limited guardian. (a) If the court finds, by clear and convincing evidence, that the
respondent is, by reason of the severity of the respondent's intellectual disability, totally
unable to meet essential requirements for the respondent's physical health or safety and
totally unable to make informed decisions about matters related to the respondent's care,
the court shall appoint a plenary guardian or plenary coguardians of the person with
intellectual disability who shall have all those powers and duties provided for in section
45a-677.

(b) If the court finds by clear and convincing evidence that the respondent is able
to do some, but not all, of the tasks necessary to meet essential requirements for the
respondent's physical health or safety or that the respondent is able to make some, but
not all, informed decisions about matters related to the respondent's care, the court
shall appoint a limited guardian or limited coguardians of the person with intellectual
disability.

(c) For the purposes of sections 45a-669 to 45a-684, inclusive, any alleged inability
of the respondent must be evidenced by recent behavior that would cause harm or create
a risk of harm, by clear and convincing proof.

(d) The court shall take from any such plenary guardian or limited guardian a written
acceptance of such guardianship and, if the court deems it necessary for the protection
of the respondent, a probate bond.

(e) The court shall make written findings of fact that support each grant of authority
to the plenary guardian or limited guardian. If the court in reaching its conclusion is
relying on incidents of behavior that occurred more than six months prior to the date of
hearing, the court findings shall include its reasoning for relying upon such incidents.

(f) In selecting a plenary guardian or limited guardian of the person with intellectual
disability, the court shall be guided by the best interests of the respondent, including,
but not limited to, the preference of the respondent as to who should be appointed as
plenary guardian or limited guardian.

(g) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by the Department of Developmental Services, except that (1) no such employee may be appointed as a plenary guardian or limited
guardian of a person with intellectual disability residing in a state-operated residential
facility for persons with intellectual disability located in the Department of Developmental Services region in which such person is employed; and (2) no such employee
shall be so appointed unless no other suitable person to serve as plenary guardian or
limited guardian can be found. Any appointment of an employee of the Department of
Developmental Services as a plenary guardian or limited guardian shall be made for a
limited purpose and duration. During the term of appointment of any such employee,
the Commissioner of Developmental Services shall search for a suitable person who is
not an employee of the department to replace such employee as plenary guardian or
limited guardian.

(h) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by a private facility funded or licensed by
the Department of Developmental Services, except that (1) no such employee may be
appointed as a plenary guardian or limited guardian of a person with intellectual disability residing in a residential facility in which such employee is employed, and (2) no
such employee shall be so appointed unless no other suitable person to serve as plenary
guardian or limited guardian can be found.

(i) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is licensed by the Department of Developmental Services
to operate a community companion home, except that (1) no such licensee, nor any of
such licensee's relatives or household members, may be appointed as a plenary guardian
or limited guardian of a person with intellectual disability residing in a community
companion home operated by such licensee, and (2) no such licensee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian
can be found.

History: P.A. 83-420 amended Subsec. (e) re appointment of employee of the department of mental retardation as
guardian or limited guardian of a mentally retarded person; P.A. 85-310 added references to coguardians and limited
coguardians; P.A. 86-323 substituted "meet essential requirements for his physical health or safety" for "care for himself
or his personal affairs"; added "plenary" before "guardian", added provision requiring alleged inability of respondent to
be evidenced by recent behavior which would cause harm or create risk of harm, by clear and convincing proof; deleted
requirement that court make and furnish findings upon request of respondent and added provision requiring written findings
of fact for each grant of authority to guardian and if incidents of behavior recurred more than six months before hearing,
court must include reasons for relying on such incidents; Sec. 45-328 transferred to Sec. 45a-676 in 1991; P.A. 03-51
substituted "person with mental retardation" for "mentally retarded person" in Subsecs. (a), (b) and (f); P.A. 04-257 made
technical changes in Subsec. (f), effective June 14, 2004; (Revisor's note: In 2005, a reference in Subsec. (c) to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); P.A. 05-10 amended Subsec. (c) to add reference to Sec. 46b-38ii and make a technical change; P.A. 05-288 made technical changes
in Subsec. (c), effective July 13, 2005; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" and "Department
of Mental Retardation" were changed editorially by the Revisors to "Commissioner of Developmental Services" and
"Department of Developmental Services", effective October 1, 2007; P.A. 07-238 made technical changes in Subsecs. (a),
(b), (c) and (e), redesignated provisions allowing employees of Department of Developmental Services to serve as plenary
or limited guardians as Subsec. (g), added Subsec. (h) allowing persons employed by private facilities funded or licensed by
department to serve as plenary or limited guardians under certain circumstances and added Subsec. (i) allowing community
training home licensees to serve as plenary or limited guardians under certain circumstances; P.A. 10-36 amended Subsec.
(c) to delete reference to Sec. 46b-38ii; P.A. 11-16 amended Subsec. (i) by substituting "community companion home"
for "community training home", effective May 24, 2011; pursuant to P.A. 11-129, "mental retardation" was changed
editorially by the Revisors to "intellectual disability".